The following Terms and Conditions (“Terms”) are published by TENTE International GmbH, Konrad-Adenauer-Ufer 7, 50668, Cologne (“TENTE International GmbH”) and govern the contractual relationship between TENTE International GmbH and each customer that uses the online retail portal (“online shop”) made available by TENTE International GmbH.
The website provided by TENTE International GmbH under www.tente.com is primarily intended to furnish information about the company and to present the products and services offered by TENTE International GmbH. TENTE International GmbH also provides subsidiary companies (“Affiliate”, “Affiliates”) with access to the online shop.
The services offered by TENTE International GmbH through the website www.tente.com (“Website”) and used by customers (“you”, “your”, “customer”, “customers”) shall be provided exclusively on the basis of these Terms. Any Terms used by you shall not form part of the contract unless they are expressly agreed to in writing by TENTE International GmbH.
1. Responsibility for the online shop
TENTE International GmbH shall make an online shop available on its website for customers to freely use. The exclusive contractual partner for any orders placed will be the relevant Affiliate.
Even though TENTE International GmbH as operator of the website enables associated transactions to take place in the online shop, TENTE International GmbH is neither the buyer nor the seller of the products offered. TENTE International GmbH offers you and the relevant Affiliates a platform to enable orders to be placed online. The underlying contract relating to the orders placed is concluded exclusively between you and the relevant Affiliate.
TENTE International GmbH is not a contractual partner in these transactions and therefore does not accept responsibility for the underlying contract for the sale of goods. TENTE International GmbH does not act as agent for the Affiliate. Only the Affiliate shall have rights and obligations under the contract for the sale of goods. In particular, any rights concerning statutory guarantees, liability and/or withdrawal you may have, must be enforced directly against the Affiliate.
2. Formation of contract
You can select products from TENTE International GmbH’s range of goods and collect them in a so-called shopping basket by clicking the “add to basket” button. By clicking the “order now” button you place an order which is a binding offer addressed to the Affiliate to purchase the products which are in the shopping basket. You can view and change the products in the shopping basket at any time before placing the order.
The Affiliate will then send you a notice of acceptance by e-mail to indicate binding acceptance of your offer. You can use the print function in your browser and/or through your e-mail provider to print a copy of the contract. If the desired product is not available the Affiliate will refuse acceptance. In this case a contract is not concluded.
3. Right to cancel
Customers who are consumers (every natural person that enters into a legal transaction for purposes outside their business or self-employed activity) have a right to cancel a contract for the sale of goods with an Affiliate in accordance with the following cancellation policy:
Right to cancel
You have the right to cancel the purchase of goods without giving a reason, within 14 days by giving notice of your cancellation in text form (e.g. by letter or e-mail) or if you receive the goods before expiry of this time limit, by returning the goods. The time limit shall commence when you receive this notice of the right to cancel in text form, but not before you receive the goods and not before we have fulfilled the obligations to provide information under Article 246 § 2 in conjunction with Article 246 § 1(1) and 1(2) of the Introductory Act to the German Civil Code (EGBGB) and under § 312g(1) first sentence of the German Civil Code in conjunction with Article 246 § 3 EGBGB. To comply with the time limit it is sufficient that you send your notice of cancellation or the goods before the time limit expires.
Conditions of cancellation
In the event of an effective cancellation, any performance received by either party to the contract (such as goods, payments etc.) must be returned and any benefits derived from the performance (such as interest or benefits of use) surrendered. If you are unable to return or surrender all or part of the goods or benefits received, or if you can only return or surrender the goods or benefits in a deteriorated condition, you are under an obligation to compensate the Affiliate for the loss of value. Your obligation to compensate for the loss of value arises only if the deterioration or the benefits derived exceed that which can be expected as a result of the goods having been handled in such a manner as to enable examination of their features and function. The “examination of features and function” means inspecting and testing the goods in such a manner as would be possible and customary in a retail store. The Affiliate shall bear the costs and risk of you returning goods and products which are suitable for return by parcel. Goods and products which are unsuitable for return by parcel shall be collected by the Affiliate. Any obligations to refund payments must be fulfilled within 30 days. This time limit shall commence, in your case, when you submit your notice of cancellation or send the goods and in the Affiliate’s case, when your notice of cancellation or the goods are received.
End of Cancellation Policy
Exclusion of the right to cancel
In transactions concerning distance contracts, the right to cancel does not apply to goods which have been produced to the customer’s specifications or which are clearly personalized or which are, as a result of their characteristics, unsuitable for return.
4. Storing the text of contract
TENTE International GmbH shall make these Terms and any additional contractual terms together with the details concerning your order available for consultation during the ordering process. You are able to download the Terms and save a summary of the details concerning your order as displayed in the online shop by using the appropriate function on your browser. After completing the order process, you will no longer be able to view these data on the online shop.
5. Languages of the contract
The languages of this contract shall be English and German.
6. TENTE International GmbH's rights and obligations
TENTE International GmbH provides customers with access to an online retail portal only. TENTE International GmbH therefore does not possess any rights or obligations arising from sale of goods contracts concluded via the online shop (see paragraph 1 of these Terms).
TENTE International GmbH reserves the right to vary its services, to make technical modifications, or to cease operating an online shop for an indefinite period or entirely. There is no obligation to give reasons or observe a notice period.
TENTE International GmbH is entitled to exclude you from using its internet services in the future and/or to bring claims (e.g. compensation claims) against you.
TENTE International GmbH shall endeavor, within the framework of available technical capability, to provide continuous access to its Internet services and related services and products. Matters concerning maintenance, security and capacity, which are outside TENTE International GmbH’s control, may lead to short-term interruptions or temporary closure of the online shop. By agreeing to these Terms you acknowledge that TENTE International GmbH cannot guarantee the continuous technical availability of its website.
TENTE International GmbH’s liability for minor negligent breaches of its obligations shall be restricted to foreseeable and direct damages arising naturally from the contract, except where damage is caused as a result of death, personal injury, or damage to health or as a result of a breach of a contractual guarantee or the rights arising from the German Product Liability Act. TENTE International GmbH shall also be liable for breaches of contractual terms which are a prerequisite for the proper performance of the contract and the compliance with which you can generally rely upon. TENTE International GmbH shall also be liable for a breach of contractual terms by agents engaged to assist in the performance of the contract.
TENTE International GmbH shall make all reasonable efforts to ensure that its website is free from known computer viruses and shall endeavor at all times to implement a virus scanner that fulfills the current technical standards. However, by agreeing to these terms, you acknowledge that an entirely virus-free website cannot be technically guaranteed. All claims concerning virus infections of end equipment belonging to you as a result of using TENTE International GmbH’s website are excluded, including compensation for the loss of data.
TENTE International GmbH shall not be liable for interruptions to its platform arising from technical or legal reasons, such as the failure of its server or software, which are beyond TENTE International GmbH’s control.
9. Final provisions
This contract and any amendments to it must be in written form. The contract shall not be supplemented by collateral agreements.
TENTE International GmbH reserves the right to amend these Terms at any time without giving reasons, unless the amendments are unreasonable for you. TENTE International GmbH will give you immediate notice of any changes to these Terms. If you do not object to the amended terms within 2 weeks, you will be deemed to have accepted the Terms in their amended form. TENTE International GmbH is obliged to give you notice at the start of this time limit as to the consequences of any action you may choose to take.
This contract shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods.